COMMISSION OF INQUIRY INTO THE "TEH CHEANG WAN AFFAIR" - (Statement by the Second Minister for Law)
Mr Deputy Speaker, Sir, if I may touch on the points raised by the Member for Potong Pasir. He commented on the first term of reference. I have explained the reasons why this first term is necessary. I have referred to certain statements that he had made which to any reasonable person reading those statements must imply that the CPIB was less than thorough in its investigations. I am glad to hear him this morning that he did not intend to say that the CPIB did not investigate properly. But I take it that he does not object to this additional term because the Instrument of Appointment incorporates all that he wanted and the Commission's terms of reference will not exclude whatever he wanted. The Instrument includes his terms and more, which is necessary for the reasons I have given. Second, Sir, he has said that he will be writing to me with various requests. I think it is important to establish one point - that once the Commission of Inquiry has been established, it then is created and has its own life and momentum and the Executive does not interfere with the way the Commission of Inquiry goes about its business. What powers it has are spelt out in the Inquiry Commissions Act (Chapter 48). I will refer him to the provisions and he will note that the Commission has considerable powers of investigation, summoning of witnesses, production of documents, etc. So the requests which he envisages to direct at me, in fact, should be directed to the Secretary of the Commission and, when the Commission meets, to the Commissioners themselves, if he finds that his requests have not been adequately dealt with. That is an important point. We have established the Commission. It will be gazetted and thereafter it gets on with the job. The Executive, the Minister for Law, does not give special directions to the Commission and, indeed, it would be improper. He has said that he hopes that there will not be a rush job, that time will be required. I think this is understandable. Again, this will depend on the Commis- sion. There are certain preliminary matters which will have to be done. There will have to be an advertisement, a public advertisement calling for members of the public who have information or representations to make on any of the terms to submit their views within a specified time, and this will be done. I am sure the Commission will organize its sittings in such a way that all the preliminary work which has to be done and perhaps even requests by the Member for Potong Pasir for whatever information that he needs is obtained by him before they begin to sit. I assume that this will be so. As far as the Government is concerned, we also do not want this to be a rush job and the Commission should take its time with all the preliminary matters before they conduct their public sittings. He has asked for help by the Police. He hopes the Police will help us - by "us" I take it that he means the Commission of Inquiry. If he will look at the Instrument of Appointment, under the hand of the President, the last page, the Commissioner of Police is directed "to detail police officers to attend upon the Commission for the purpose of preserving order ..., to serve summonses ... perform such ... duties as the Commission may direct." Then he expressed the hope that the lawyers being busy people, those lawyers I take it from the private sector, I take it including himself, who will be involved in the Commission's proceedings, will be given adequate remuneration. Here, too, Sir, I would like to point out this is not something within my authority to decide. I will refer him to section 7(g) of the Inquiry Commissions Act where the Commissioners have the power to award any person who has attended any meeting of the Commissioners, including interpreters and so forth, such sums as in the opinion of the Commissioners may have been reasonably incurred by him by reason of such attendance. Of course, I do not know how the Commissioners will exercise their discretion. It is up to the Member for Potong Pasir to make a submission to the Commission and it is up to the Commission to exercise its discretion. I understand that in recent Commissions of Inquiry, like the Hotel New World, some of the people in the private sector who gave expert evidence and testimony did not claim any monetary compensation and, perhaps, their view was that they were doing a public service. But it is not for me to tell the Member and his colleagues from the legal profession who are going to help him, whether they should forgo this monetary compensation on a matter of such public interest which, he says, exists in this matter. Then he said in Parliament that although he has undertaken to lead evidence, he will not always be there - this is something we must leave to him - and that there will be others leading evidence, that he cannot be in the stand all the time. Well, I take it that if he leads evidence, he need not necessarily be in the stand. There is a difference between leading evidence and giving evidence. I am not sure whether there is a confusion here. We have understood him to say that on these terms, on his terms, he will lead in evidence and that he will bring others to give evidence. Quite frankly, I cannot see everybody wanting to lead evidence, but this must be something that we should have to leave to the Commission because, once the Commission is established, they are the masters of their procedure. But, no doubt, I am sure they will take note of the preamble paragraph in the Instrument which notes that the Member in this House had undertaken to lead in evidence. I think I have covered the points, Sir.